Samir Shekh @ Samir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72205 of 2023 Arising Out of PS. Case No.-465 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== SAMIR SHEKH @ SAMIR ALAM SON OF GAUHAR ALAM RESIDENT OF VILLAGE - KUWARIDEVI CHOWK, P.S. - TOWN MOTIHARI, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Raj Kishor Singh Mr. Kundan Rathore @ Kundan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 34 of the Indian Penal Code.

3. Allegedly, the petitioner and other co-accused person took a girl in a rented house and started misbehaving with her. On objection by the informant, the petitioner and others including the girl left the place. It is further alleged that the petitioner gave the co-accused order to kill the informant. On his direction, the co-accused assaulted the informant by means

Patna High Court CR. MISC. No.72205 of 2023(2) dt.29-11-2023 2/3 of knife due to which he got injured and also took away his gold chain.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is only the order giver and there is no specific overt act against him. He further submits that the specific allegation is against the coaccused namely, Sonu Paswan. Petitioner has no criminal antecedent.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection

Patna High Court CR. MISC. No.72205 of 2023(2) dt.29-11-2023 3/3 with Town P.S. Case No.465 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T